Interpretation ID: aiam2198
Eaton Corporation
Government Relations Office
815 Connecticut Avenue
N.W.
Washington
DC 20006;
Dear Mr. Newell: This responds to Eaton Corporation's January 21, 1976, question whether the Ninth Circuit Court of Appeals stay of Standard No. 121, *Air Brake Systems*, eliminated all requirements of the standard for the period of the stay, whether complying vehicles built prior to the stay may be modified so they do not comply, and whether non-complying vehicles built during the stay would have to be retrofitted upon reinstatement of the standard. Your other questions are no longer relevant in view of the recent reinstatement of the standard by the Supreme Court.; The NHTSA has interpreted the stay to have had the effect, nationwide of voiding the standard's force and effect as a whole during the period of January 16 through January 29, 1976.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act prohibits the sale of a vehicle unless it is in conformity with applicable standards in effect on the date of its manufacture. Therefore, a vehicle manufactured in conformity with Standard No. 121 prior to January 16, 1976, would have to conform to the standard when sold. Non-complying vehicles built during the stay would not be required to be retrofitted under this provision, because the standard was not in effect on the date of manufacture.; Sincerely,, James B. Gregory, Administrator